senate Bill S6319

Provides that people arrested in connection with a felony must submit a DNA sample

download pdf

Sponsor

O'BRIEN

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 14 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Provides that people arrested in connection with a felony must submit a DNA sample.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4964
Versions:
S6319
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §§995 & 995-c, Exec L; amd §§120.90, 130.60, 140.20, 140.27, 150.70, 160.20, 160.50 & 160.55, CP L
Versions Introduced in Previous Legislative Cycles:
2013-2014: S691A
2011-2012: S2012A, S691A, A1978A
2009-2010: S5601, S6213B, A9425A

Sponsor Memo

BILL NUMBER:S6319

TITLE OF BILL: An act to amend the executive law and the criminal
procedure law, in relation to requiring individuals arrested in
connection with a felony to submit a DNA sample

PURPOSE:

To allow for the collection of DNA samples upon an individual's arrest
for certain felony crimes.

SUMMARY OF PROVISIONS:

Section 1 amends the executive law section 995 by adding a new
definition of "felony arrestee", which is defined as a person arrested
and charged with certain designated felonies.

Section 2 amends the executive law section 995-c to require that
felony arrestees provide a DNA sample to jailor detention facility
personnel upon booking following arrest.

Section 3 amends the executive law section 995-c to clarify the
procedure in which an arrestee who is not convicted of an offense for
which DNA is collected may get his or her DNA expunged.

Section 4-11 amends various provisions of the criminal procedure law
dealing with the requirement of taking fingerprints in accordance with
160.10 to also include a requirement for taking a DNA sample
appropriate for DNA testing.

Section 12 provides the effective date.

EXISTING LAW:

DNA upon arrest is not currently permissible in New York. Under
current law, a DNA sample is collected upon conviction of any felony
or 18 specified misdemeanors.

The database, known as the Databank, began operations in 1996, when
individuals convicted of homicide and certain sex-related crimes were
required to submit a DNA sample. The Databank was expanded in 1999 and
again in 2004, but still only required samples from 14 percent of
convictions in the state until 2006 when a new law was passed in New
York requiring the collection of DNA from all felony and some
misdemeanor convictions.

From 1996 to the end of 2007, the database had 4,142 offender hits to
crime scene DNA samples. Nearly a third of those came in 2007, the
first year after the new 2006 law went into effect expanding the
database.

JUSTIFICATION:

Carol Nelson was 65 years old on the morning of July 1, 2007. She had
two sons, two daughters, and eight grandchildren. She had recently
retired as a nurse at St. Joseph's Hospital in Syracuse, New York,
where she had been employed for 25 years. While walking during the


early morning hours in a suburban Syracuse neighborhood to her
granddaughter's house, Carol was hit in the head multiple times,
sexually assaulted, strangled and left for dead by Glen Shoop, who had
been arrested and charged with rape, sexual assault and unlawful
imprisonment of another victim a year earlier. When he murdered Carol,
Shoop was awaiting sentencing in the 2006 crime, in which he pleaded
guilty to first degree unlawful imprisonment, a felony. Because DNA
was not collectible for Shoop's 2006 arrest for rape, as this bill
proposes, his DNA was not taken prior to Carol's murder. Had it been,
he would have been linked to a forensic profile in New York's DNA
database relating to an unsolved 2000 rape at Colonial Laundromat in
East Syracuse. With an investigative lead like that, it is almost
certain that Shoop would not have been released to murder Carol Nelson
pending his sentencing. When Shoop's DNA was finally taken and entered
into the DNA database due to the unlawful imprisonment conviction, he
was linked to both Carol's murder and the 2000 rape. He received 40
years to life for the combined cases.

This proposed legislation seeks to address the flaw that cost carol
her life by requiring law enforcement to take DNA upon the arrest of
individuals for certain felony crimes that have resulted in the
largest number of hits against the database in the past.

Since the database's inception, there have been a total of 7,980 hits.
In 2008, there were 1,673 hits, a 30 percent increase from 1,285 hits
during 2007. Fifty-one percent of all hits since Databank inception
occurred during the last two years, subsequent to the passage of
legislation that expanded the database to include all felony and some
misdemeanor convictions. Obtaining DNA upon arrest for certain
felonies would undoubtedly result in more and earlier hits, thereby
solving more crimes and preventing future ones.

New York needs to join 21 other states and the federal government
which have already passed laws collecting DNA upon arrest. As of
August 2009, the DNA Databank in New York contained DNA samples
collected from 330,411 offenders ("offender profile"). There are
28,858 forensic samples in the database, which are DNA samples taken
from crime scenes in New York. Nationally, New York's offender
profiles represent 4.55 percent of all DNA profiles in the United
States while New York's unsolved crimes constitute 10.4 percent of all
unsolved crimes in the United States. Requiring the collection of DNA
upon arrest for crimes specified in this bill is the way to
responsibly increase the DNA Databank and solve some of the hundreds
of thousands of crimes with crime scene forensic profiles that go
unsolved in this country every day.

LEGISLATIVE HISTORY:

S.691A of 2011-2012 Referred to Finance
S.6213B of 2009-2010 - Passed Senate

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:


This act shall take effect on the 180th day after it shall have become
law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6319

                            I N  S E N A T E

                            January 14, 2014
                               ___________

Introduced  by  Sen. O'BRIEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation to requiring individuals arrested in connection with a felony
  to submit a DNA sample

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 995 of the executive law is amended by adding a new
subdivision 7-a to read as follows:
  7-A. "FELONY ARRESTEE" MEANS A PERSON ARRESTED AND  CHARGED  WITH  ANY
ONE  OR MORE OF THE FOLLOWING FELONIES, OR AN ATTEMPT THEREOF WHERE SUCH
ATTEMPT IS A FELONY OFFENSE, AS  DEFINED  IN  THE  PENAL  LAW:  SECTIONS
120.05,  120.06, 120.07, 120.10, 120.11 AND 120.12, RELATING TO ASSAULT;
SECTIONS 120.55 AND 120.60, RELATING TO STALKING; SECTION 120.70, RELAT-
ING TO LURING A CHILD; SECTIONS 125.15, 125.20, 125.21, 125.22,  125.25,
125.26  AND  125.27,  RELATING  TO  HOMICIDE;  SECTIONS  130.25, 130.30,
130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 130.67, 130.70,  130.75,
130.80,  130.95  AND  130.96, RELATING TO SEX OFFENSES; SECTIONS 135.10,
135.20, 135.25 AND 135.35, RELATING TO KIDNAPPING AND LABOR TRAFFICKING;
SECTIONS 140.17,  140.20,  140.25  AND  140.30,  RELATING  TO  BURGLARY;
SECTIONS  150.05, 150.10, 150.15 AND 150.20, RELATING TO ARSON; SECTIONS
155.30, 155.35, 155.40 AND 155.42, RELATING TO GRAND  LARCENY;  SECTIONS
160.05,  160.10 AND 160.15, RELATING TO ROBBERY; SECTION 230.34 RELATING
TO SEX TRAFFICKING; SECTIONS 235.21  AND  235.22,  RELATING  TO  DISSEM-
INATION  OF  INDECENT  MATERIAL  TO  MINORS; SECTIONS 250.45 AND 250.50,
RELATING TO UNLAWFUL SURVEILLANCE; SECTIONS 255.25, 255.26, AND  255.27,
RELATING TO INCEST; SECTIONS 263.05, 263.10, 263.11, 263.15, 263.16, AND
263.30,  RELATING  TO SEXUAL PERFORMANCE BY A CHILD; OR SECTIONS 265.02,
265.03, 265.04, 265.08,  265.09,  265.11,  265.12,  265.13,  265.14  AND
265.16, RELATING TO FIREARMS AND OTHER DANGEROUS WEAPONS.
  S 2. Subdivision 3 of section 995-c of the executive law is amended by
adding four new paragraphs (c), (d), (e) and (f) to read as follows:
  (C)  A FELONY ARRESTEE SHALL BE REQUIRED TO PROVIDE A SAMPLE APPROPRI-
ATE FOR DNA TESTING UPON HIS OR HER ARREST, UNLESS SUCH FELONY  ARRESTEE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08276-01-3

S. 6319                             2

HAS PREVIOUSLY PROVIDED A SAMPLE THAT IS INCLUDED IN THE STATE DNA IDEN-
TIFICATION INDEX.
  (D)  A PUBLIC SERVANT TO WHOSE CUSTODY A DESIGNATED OFFENDER OR FELONY
ARRESTEE WHO HAS NOT YET PROVIDED A DNA SAMPLE HAS BEEN COMMITTED  SHALL
SEEK AN ORDER OF THE COURT TO COLLECT SUCH SAMPLE IF THE OFFENDER, AFTER
WRITTEN OR ORAL REQUEST, REFUSES TO PROVIDE SUCH SAMPLE.
  (E)  THE DETENTION, ARREST, INDICTMENT OR CONVICTION OF A PERSON BASED
UPON DNA RECORDS CONTAINED IN THE STATE DNA IDENTIFICATION  INDEX  SHALL
NOT BE INVALIDATED IF IT IS LATER DETERMINED THAT THE DIVISION OF CRIMI-
NAL  JUSTICE  SERVICES  INADVERTENTLY,  BUT  IN GOOD FAITH, COLLECTED OR
PLACED THE PERSON'S DNA SAMPLE IN THE INDEX.
  (F) THE COMMISSIONER OF CRIMINAL  JUSTICE  SERVICES  SHALL  PROMULGATE
RULES AND REGULATIONS GOVERNING THE PERIODIC REVIEW OF THE DNA IDENTIFI-
CATION INDEX TO DETERMINE WHETHER OR NOT THE INDEX CONTAINS DNA PROFILES
THAT  SHOULD  NOT  BE  IN  THE  INDEX,  INCLUDING THE STEPS NECESSARY TO
EXPUNGE ANY PROFILES WHICH THE DIVISION  OF  CRIMINAL  JUSTICE  SERVICES
DETERMINES SHOULD NOT BE IN THE INDEX.
  S  3.  Subdivision 9 of section 995-c of the executive law, as amended
by chapter 524 of the laws of 2002, is amended to read as follows:
  9. (a) Upon receipt of notification of a reversal or a  vacatur  of  a
conviction,  or of the granting of a pardon pursuant to article two-A of
this chapter, of an individual whose DNA record has been stored  in  the
state  DNA  identification  index in accordance with this article by the
division of criminal justice services, the DNA record shall be  expunged
from  the  state DNA identification index, and such individual may apply
to the court in which the judgment of conviction was originally  entered
for  an  order  directing  the  expungement  of  any  DNA record and any
samples, analyses, or other documents relating to  the  DNA  testing  of
such  individual  in connection with the investigation or prosecution of
the crime which resulted in the conviction that was reversed or  vacated
or for which the pardon was granted. A copy of such application shall be
served  on  the district attorney and an order directing expungement may
be granted  if  the  court  finds  that  all  appeals  relating  to  the
conviction  have  been  concluded;  that  such  individual  will  not be
retried, or, if a retrial has occurred, the trier of fact has rendered a
verdict of complete acquittal, and that expungement will  not  adversely
affect  the investigation or prosecution of some other person or persons
for the crime. The division shall,  by  rule  or  regulation,  prescribe
procedures to ensure that the DNA record in the state DNA identification
index,  and  any  samples, analyses, or other documents relating to such
record, whether in the possession of the division, or any  law  enforce-
ment  or  police  agency,  or any forensic DNA laboratory, including any
duplicates or copies thereof, at the discretion of the possessor  there-
of,  are  either  destroyed  or  returned  to such individual, or to the
attorney who represented him or her at the time such  reversal,  vacatur
or  pardon,  was  granted. The commissioner shall also adopt by rule and
regulation a procedure for the expungement in other appropriate  circum-
stances of DNA records contained in the index.
  (b)  As  prescribed in this paragraph, if an individual, either volun-
tarily, PURSUANT TO PARAGRAPH (C) OF SUBDIVISION THREE OF THIS  SECTION,
or  pursuant to a warrant or order of a court, has provided a sample for
DNA testing in connection with the investigation, ARREST or  prosecution
of a crime and (i) no criminal action against the individual relating to
such crime was commenced within the period specified by section 30.10 of
the  criminal  procedure  law,  or  (ii) a criminal action was commenced
against the individual relating  to  such  crime  which  resulted  in  a

S. 6319                             3

complete acquittal, or (iii) a criminal action WAS COMMENCED against the
individual  relating  to  such  crime [resulted in a conviction that was
subsequently reversed or vacated, or for which the individual was grant-
ed  a  pardon pursuant to article two-A of this chapter, such individual
may apply to the supreme court or the court in  which  the  judgment  of
conviction was originally entered for an order directing the expungement
of any DNA record and any samples, analyses, or other documents relating
to  the  DNA  testing of such individual in connection with the investi-
gation or prosecution of such crime. A copy of such application shall be
served on the district attorney and an order directing  expungement  may
be  granted  if  the  court  finds that the individual has satisfied the
conditions of one of the subparagraphs of  this  paragraph;  that  if  a
judgment  of  conviction  was  reversed or vacated, all appeals relating
thereto have been concluded and the individual will not be retried,  or,
if  a  retrial has occurred, the trier of fact has rendered a verdict of
complete acquittal, and that expungement will not adversely  affect  the
investigation  or  prosecution  of  some other person or persons for the
crime. If an order directing the expungement of any DNA record  and  any
samples, analyses or other documents relating to the DNA testing of such
individual  is  issued]  WHICH  WAS  RESOLVED BY A DISMISSAL, SUCCESSFUL
COMPLETION  OF  A  PRE-PROSECUTION  DIVERSION  PROGRAM,  OR  CONDITIONAL
DISCHARGE  OR MISDEMEANOR CONVICTION THAT DID NOT REQUIRE DNA COLLECTION
PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE OF THIS  ARTICLE,  THE  DNA
RECORD  SHALL  BE  EXPUNGED  FROM THE STATE DNA IDENTIFICATION INDEX. AN
INDIVIDUAL MAY REQUEST EXPUNGEMENT OF ANY DNA RECORD  AND  ANY  SAMPLES,
ANALYSES OR OTHER DOCUMENTS RELATING TO THE DNA TESTING OF SUCH INDIVID-
UAL  BY  PROVIDING  THE  FOLLOWING MATERIALS TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES:
  (1) A WRITTEN REQUEST FOR EXPUNGEMENT OF THE SAMPLE AND  DNA  RECORDS;
AND
  (2)  A  CERTIFIED  COPY  OF  THE DISMISSAL, SUCCESSFUL COMPLETION OF A
PRE-PROSECUTION DIVERSION PROGRAM OR A CONDITIONAL DISCHARGE,  MISDEMEA-
NOR CONVICTION OR ACQUITTAL; AND
  (3)  A SWORN STATEMENT FROM THE DISTRICT ATTORNEY'S OFFICE WITH JURIS-
DICTION OVER THE MATTER THAT: THE CASE WAS DISMISSED; A  PRE-PROSECUTION
DIVERSION  PROGRAM  OR  CONDITIONAL  DISCHARGE,  MISDEMEANOR  CONVICTION
EXCLUDED  FROM  DNA  COLLECTION  PURSUANT  TO   SECTION   NINE   HUNDRED
NINETY-FIVE  OF  THIS  ARTICLE  OR ACQUITTAL OCCURRED; NO FELONY CHARGES
AROSE OUT OF THE ARREST; OR NO CRIMINAL ACTION  AGAINST  THE  INDIVIDUAL
RELATING  TO  SUCH  CRIME  WAS  COMMENCED WITHIN THE PERIOD SPECIFIED BY
SECTION 30.10 OF THE CRIMINAL PROCEDURE LAW; AND THAT  EXPUNGEMENT  WILL
NOT  ADVERSELY  AFFECT  THE  INVESTIGATION  OR PROSECUTION OF SOME OTHER
PERSON OR PERSONS FOR THE CRIME.
  (C) IF EXPUNGEMENT IS WARRANTED PURSUANT TO PARAGRAPH (A)  OR  (B)  OF
THIS  SUBDIVISION, such record and any samples, analyses, or other docu-
ments shall, at the discretion of the possessor thereof, be destroyed or
returned to such individual or to the attorney who  represented  him  or
her  IN  THE  CRIMINAL ACTION OR in connection with the [application for
the order of] REQUEST FOR expungement.
  (D) NO EXPUNGEMENT SHALL BE GRANTED WHERE AN INDIVIDUAL  HAS  A  PRIOR
CONVICTION  REQUIRING A DNA SAMPLE, OR A PENDING FELONY CHARGE FOR WHICH
COLLECTION OF A SAMPLE IS AUTHORIZED PURSUANT TO THE PROVISIONS OF PARA-
GRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
  S 4. Subdivision 6 of section 120.90 of the criminal procedure law, as
amended by chapter 424 of the laws  of  1998,  is  amended  to  read  as
follows:

S. 6319                             4

  6.   Before bringing a defendant arrested pursuant to a warrant before
the local criminal court in which such warrant is returnable,  a  police
officer  must  without  unnecessary delay perform all fingerprinting and
other preliminary police duties required in the particular case.  In any
case  in  which  the defendant is not brought by a police officer before
such court but, following his arrest in another county  for  an  offense
specified  in  subdivision  one  of  section  160.10  OF  THIS TITLE, is
released by a local criminal court of  such  other  county  on  his  own
recognizance  or  on  bail for his appearance on a specified date before
the local criminal court before which the  warrant  is  returnable,  the
latter  court  must, upon arraignment of the defendant before it, direct
that he be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR  DNA  TESTING
TAKEN, IF REQUIRED PURSUANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE
EXECUTIVE  LAW, by the appropriate officer or agency, and that he appear
at an appropriate designated time and place for such purpose.
  S 5. Section 130.60 of the criminal procedure law, as amended by chap-
ter 95 of the laws of 1991, subdivision 1 as amended by chapter  446  of
the laws of 1993, is amended to read as follows:
S 130.60 Summons; fingerprinting of defendant.
  1. Upon the arraignment of a defendant whose court attendance has been
secured  by the issuance and service of a summons, based upon an indict-
ment,  a  prosecutor's  information  or  upon  an  information,   felony
complaint  or  misdemeanor  complaint  filed  by  a complainant who is a
police officer, the court must, if an offense charged in the  accusatory
instrument is one specified in subdivision one of section 160.10 OF THIS
TITLE,  direct  that  the  defendant be fingerprinted by the appropriate
police officer or agency, and that he or she appear  at  an  appropriate
designated  time  and  place for such purpose.  IF AN OFFENSE CHARGED IN
THE ACCUSATORY INSTRUMENT IS ONE SPECIFIED  IN  SUBDIVISION  SEVEN-A  OF
SECTION  NINE  HUNDRED  NINETY-FIVE OF THE EXECUTIVE LAW, THE COURT MUST
DIRECT THAT A SAMPLE APPROPRIATE FOR DNA TESTING BE TAKEN, AND  THAT  HE
OR  SHE  APPEAR  AT  AN  APPROPRIATE  DESIGNATED TIME AND PLACE FOR SUCH
PURPOSE.
  2. Upon the arraignment of a defendant whose court attendance has been
secured by the issuance and service of a summons based upon an  informa-
tion or misdemeanor complaint filed by a complainant who is not a police
officer,  and  who  has not previously been fingerprinted OR FROM WHOM A
DNA SAMPLE HAS NOT PREVIOUSLY BEEN TAKEN AND WAS  REQUIRED  PURSUANT  TO
SECTION  NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, the court may,
if it finds reasonable cause to believe that the defendant has committed
an offense specified in subdivision one of section 160.10 OF THIS TITLE,
direct that the defendant be fingerprinted AND/OR HAVE A  SAMPLE  APPRO-
PRIATE  FOR DNA TESTING TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINE-
TY-FIVE-C OF THE EXECUTIVE LAW, by the  appropriate  police  officer  or
agency  and  that  he appear at an appropriate designated time and place
for such purpose. A defendant whose court appearance has been secured by
the issuance and service of a criminal summons based upon a  misdemeanor
complaint  or  information  filed  by  a complainant who is not a police
officer, must be directed by the court, upon conviction of  the  defend-
ant,  to  be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR DNA TESTING
TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C OF  THE  EXECU-
TIVE LAW, by the appropriate police officer or agency and the court must
also  direct that the defendant appear at an appropriate designated time
and place for such purpose, if the defendant is convicted of any offense
specified in subdivision one of section 160.10 OF THIS TITLE.

S. 6319                             5

  S 6. Subdivision 5 of section 140.20 of the criminal procedure law, as
amended by chapter 762 of the laws  of  1971,  is  amended  to  read  as
follows:
  5.  Before  service  of  an  appearance ticket upon an arrested person
pursuant to subdivision two or three OF THIS SECTION, the issuing police
officer must, if the offense designated in such appearance ticket is one
of those specified in subdivision one of section 160.10 OF  THIS  TITLE,
cause  such person to be fingerprinted AND HAVE A SAMPLE APPROPRIATE FOR
DNA TESTING TAKEN, IF REQUIRED BY SECTION NINE HUNDRED NINETY-FIVE-C  OF
THE  EXECUTIVE  LAW,  in  the  same  manner as would be required were no
appearance ticket to be issued or served.
  S 7. Subdivision 2 of section 140.27 of the criminal procedure law, as
amended by chapter 843 of the laws  of  1980,  is  amended  to  read  as
follows:
  2.  Upon arresting a person without a warrant, a peace officer, except
as otherwise provided in subdivision three OF THIS SECTION, must without
unnecessary  delay  bring  him or cause him to be brought before a local
criminal court, as provided in section 100.55  and  subdivision  one  of
section 140.20 OF THIS TITLE, and must without unnecessary delay file or
cause  to  be  filed therewith an appropriate accusatory instrument.  If
the offense which is the subject of the arrest is one of those specified
in subdivision one of section 160.10 OF THIS TITLE, the arrested  person
must  be  fingerprinted  and photographed, AND HAVE A SAMPLE APPROPRIATE
FOR DNA TESTING TAKEN IF REQUIRED BY SECTION NINE HUNDRED  NINETY-FIVE-C
OF  THE  EXECUTIVE  LAW,  as therein provided.   In order to execute the
required post-arrest functions, such arresting peace officer may perform
such functions himself or he may enlist the aid of a police officer  for
the  performance  thereof  in  the manner provided in subdivision one of
section 140.20 OF THIS ARTICLE.
  S 8. Section 150.70 of the criminal procedure law, as amended by chap-
ter 762 of the laws of 1971, is amended to read as follows:
S 150.70  Appearance ticket; fingerprinting AND DNA ANALYSIS  SAMPLE  of
             defendant.
  Upon  the  arraignment  of  a  defendant who has not been arrested and
whose court attendance has been secured by the issuance and  service  of
an  appearance  ticket  pursuant to subdivision one of section 150.20 OF
THIS ARTICLE, the court must, if an offense charged  in  the  accusatory
instrument is one specified in subdivision one of section 160.10 OF THIS
TITLE,  direct  that  the defendant be fingerprinted   AND HAVE A SAMPLE
APPROPRIATE FOR DNA TESTING TAKEN WHEN REQUIRED BY SECTION NINE  HUNDRED
NINETY-FIVE-C  OF THE EXECUTIVE LAW by the appropriate police officer or
agency, and that he appear at an appropriate designated time  and  place
for such purpose.
  S 9. Section 160.20 of the criminal procedure law, as amended by chap-
ter 108 of the laws of 1973, is amended to read as follows:
S  160.20  Fingerprinting AND DNA ANALYSIS SAMPLE; forwarding of finger-
             prints AND DNA ANALYSIS SAMPLE.
  1. Upon the taking of fingerprints of an arrested person or  defendant
as  prescribed in section 160.10 OF THIS ARTICLE, the appropriate police
officer or agency must without unnecessary delay forward two  copies  of
such fingerprints to the division of criminal justice services.
  2.   UPON TAKING A SAMPLE APPROPRIATE FOR DNA TESTING, THE APPROPRIATE
POLICE OFFICE OR AGENCY MUST WITHOUT UNNECESSARY DELAY STORE AND FORWARD
SUCH DNA SAMPLE TO A FORENSIC DNA LABORATORY FOR  FORENSIC  DNA  TESTING
AND  ANALYSES,  AND  INCLUSION  IN THE STATE DNA IDENTIFICATION INDEX IN

S. 6319                             6

ACCORDANCE WITH SUBDIVISION FIVE OF SECTION NINE  HUNDRED  NINETY-FIVE-C
OF THE EXECUTIVE LAW.
  S 10. Paragraphs (d) and (e) of subdivision 1 of section 160.50 of the
criminal  procedure  law,  paragraph  (d)  as  amended  by section 73 of
subpart B of part C of chapter 62 of the laws of 2011 and paragraph  (e)
as  amended  by  chapter  169 of the laws of 1994, are amended and a new
paragraph (f) is added to read as follows:
  (d) such records shall be made available to the person accused  or  to
such  person's  designated  agent,  and shall be made available to (i) a
prosecutor in any proceeding in which the accused has moved for an order
pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law
enforcement  agency  upon ex parte motion in any superior court, if such
agency demonstrates to  the  satisfaction  of  the  court  that  justice
requires  that  such records be made available to it, or (iii) any state
or local officer or agency  with  responsibility  for  the  issuance  of
licenses to possess guns, when the accused has made application for such
a  license,  or  (iv) the [New York state] department of corrections and
community supervision when the accused is on  parole  supervision  as  a
result  of  conditional  release or a parole release granted by the [New
York] state board of parole, and the arrest which is the subject of  the
inquiry  is  one  which occurred while the accused was under such super-
vision or (v) any prospective employer of  a  police  officer  or  peace
officer  as  those  terms  are  defined in subdivisions thirty-three and
thirty-four of section 1.20 of this chapter, in relation to an  applica-
tion  for  employment  as  a  police officer or peace officer; provided,
however, that every person who is  an  applicant  for  the  position  of
police  officer  or  peace officer shall be furnished with a copy of all
records obtained under this paragraph and  afforded  an  opportunity  to
make  an explanation thereto, or (vi) the probation department responsi-
ble for supervision of the accused when the arrest which is the  subject
of  the  inquiry  is one which occurred while the accused was under such
supervision; [and]
  (e) where fingerprints subject to the provisions of this section  have
been received by the division of criminal justice services and have been
filed  by  the  division as digital images, such images may be retained,
provided that a fingerprint card of the individual is on file  with  the
division which was not sealed pursuant to this section or section 160.55
of this article[.]; AND
  (F) A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN FROM SUCH PERSON PURSU-
ANT  TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, AND ANY
DNA RECORD RELATING TO SUCH SAMPLE, AND ANY ANALYSES OR OTHER  DOCUMENTS
RELATING  TO SUCH DNA SAMPLE SHALL BE EXPUNGED, DESTROYED OR RETURNED IN
ACCORDANCE WITH SUBDIVISION NINE OF SUCH SECTION OF THE EXECUTIVE LAW.
  S 11. Paragraphs (d) and (e) of subdivision 1 of section 160.55 of the
criminal procedure law, paragraph  (d)  as  amended  by  section  74  of
subpart  B of part C of chapter 62 of the laws of 2011 and paragraph (e)
as amended by chapter 169 of the laws of 1994, are  amended  and  a  new
paragraph (f) is added to read as follows:
  (d) the records referred to in paragraph (c) of this subdivision shall
be  made  available to the person accused or to such person's designated
agent, and shall be made available to (i) a prosecutor in any proceeding
in which the accused has moved for an order pursuant to  section  170.56
or  210.46  of  this  chapter,  or (ii) a law enforcement agency upon ex
parte motion in any superior court, if such agency demonstrates  to  the
satisfaction  of  the  court  that justice requires that such records be
made available to it, or (iii) any state or local officer or agency with

S. 6319                             7

responsibility for the issuance of licenses to possess  guns,  when  the
accused  has  made application for such a license, or (iv) the [New York
state] department of corrections  and  community  supervision  when  the
accused  is  under parole supervision as a result of conditional release
or parole release granted by the [New York] state board  of  parole  and
the  arrest  which  is  the subject of the inquiry is one which occurred
while the accused was under  such  supervision,  or  (v)  the  probation
department  responsible  for  supervision of the accused when the arrest
which is the subject of the inquiry is  one  which  occurred  while  the
accused  was  under such supervision, or (vi) a police agency, probation
department, sheriff's office, district attorney's office, department  of
correction  of  any municipality and parole department, for law enforce-
ment purposes, upon arrest in instances in which the  individual  stands
convicted  of  harassment  in  the  second degree, as defined in section
240.26 of the penal law, committed against a member of the  same  family
or  household as the defendant, as defined in subdivision one of section
530.11 of this chapter, and determined pursuant to  subdivision  eight-a
of section 170.10 of this title; [and]
  (e)  where fingerprints subject to the provisions of this section have
been received by the division of criminal justice services and have been
filed by the division as digital images, such images  may  be  retained,
provided  that  a fingerprint card of the individual is on file with the
division which was not sealed pursuant to this section or section 160.50
of this article[.]; AND
  (F) A SAMPLE APPROPRIATE FOR DNA TESTING TAKEN FROM SUCH PERSON PURSU-
ANT TO SECTION NINE HUNDRED NINETY-FIVE-C OF THE EXECUTIVE LAW, ANY  DNA
RECORD  RELATING  TO  SUCH  SAMPLE,  AND ANY ANALYSES OR OTHER DOCUMENTS
RELATING TO SUCH DNA SAMPLE SHALL BE EXPUNGED, DESTROYED OR RETURNED  IN
ACCORDANCE WITH SUBDIVISION NINE OF SUCH SECTION OF THE EXECUTIVE LAW.
  S  12.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.